रेगुलर, कॉन्ट्रेक्ट, एडहॉक या टेम्प्रेरी सभी महिला कार्मिकों को प्रसूति एवं बाल्य देखभाल अवकाश दिए जाने सम्बन्धी मा0 उच्च न्यायालय की डबल बैंच का आदेश देखें
रेगुलर, कॉन्ट्रेक्ट, एडहॉक या टेम्प्रेरी सभी महिला कार्मिकों को प्रसूति एवं बाल्य देखभाल अवकाश दिए जाने सम्बन्धी मा0 उच्च न्यायालय की डबल बैंच का आदेश देखें
We are of the considered opinion that the benefit under the Act as well as the Rules of the Government Orders providing for grant of Maternity benefits and Child Care leave are applicable to all female employees, irrespective of their nature of employment whether permanent, temporary or contractual.
In view of the aforesaid facts and discussions, order dated 20.05.2017 passed by respondent no. 3 denying Child Care Leave for a period of three months to the petitioner is arbitrary and violative of Articles 14 and 16 of the Constitution, cannot be sustained and is hereby quashed.
Accordingly, the writ petition stands allowed with the following directions.
1. Respondents are directed to grant Maternity Leave to the petitioner with full pay as applied within 8 weeks from today.
2. The respondent-State is also directed to grant Maternity Leave to all family employees with full pay for 180 days, irrespective of nature of employment, i.e., permanent, temporary/ad hoc or contractual basis.
3. State-respondent is also directed to grant Child Care Leave of 730 days to all female employees, who are appointed on regular basis, contractual basis, ad hoc or temporary basis having minor children with the rider that the child should not be more than 18 years of age or older.
We are of the considered opinion that the benefit under the Act as well as the Rules of the Government Orders providing for grant of Maternity benefits and Child Care leave are applicable to all female employees, irrespective of their nature of employment whether permanent, temporary or contractual.
In view of the aforesaid facts and discussions, order dated 20.05.2017 passed by respondent no. 3 denying Child Care Leave for a period of three months to the petitioner is arbitrary and violative of Articles 14 and 16 of the Constitution, cannot be sustained and is hereby quashed.
Accordingly, the writ petition stands allowed with the following directions.
1. Respondents are directed to grant Maternity Leave to the petitioner with full pay as applied within 8 weeks from today.
2. The respondent-State is also directed to grant Maternity Leave to all family employees with full pay for 180 days, irrespective of nature of employment, i.e., permanent, temporary/ad hoc or contractual basis.
3. State-respondent is also directed to grant Child Care Leave of 730 days to all female employees, who are appointed on regular basis, contractual basis, ad hoc or temporary basis having minor children with the rider that the child should not be more than 18 years of age or older.
अन्य नवीन आदेश :-
20. In view of the facts as narrated above, it is clear that the petitioner
is entitled for maternity leave for period of six months but wholly illegally
leave was granted only for a period of three months.
21. In the facts and circumstances of the case, a mandamus is issued
directing the respondent No.2/District Basic Education Officer, Bijnor to
provide the petitioner maternity leave with honorarium with effect from
30.12.2018 to 31.3.2019. The Writ Petition stands allowed.
रेगुलर, कॉन्ट्रेक्ट, एडहॉक या टेम्प्रेरी सभी महिला कार्मिकों को प्रसूति एवं बाल्य देखभाल अवकाश दिए जाने सम्बन्धी मा0 उच्च न्यायालय की डबल बैंच का आदेश देखें
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Reviewed by sankalp gupta
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7:13 AM
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